Tenant Rights: State Laws
Key Takeaways
- State laws establish and enforce interactions between the landlord and tenant. These laws shape tenant rights, landlord rights, and landlord responsibilities.
- Although these laws vary by state, they often cover most aspects of the landlord-tenant relationship, from security deposits to evictions.
- Residential landlords and new tenants should understand these rules before renting to help avoid conflicts and disputes.
Tenant rights laws inform several aspects of the rental relationship, from the lease you sign to the repairs your landlord must make and the rules for a security deposit. These rules are primarily governed at the state level, with some local ordinances providing additional protections for renters.
This article explains tenant rights laws and what these protections cover. It also includes a list of tenant rights laws in all 50 states and the District of Columbia.
Whether you’re a property owner or renter, understanding tenant rights is one of the most effective ways to avoid disputes and protect your interests. Still, some situations call for professional legal help. If you’re stuck in a landlord-tenant dispute and need advocacy and guidance, local legal help is available.
Security Deposits
A security deposit is money a landlord requests before a tenant takes possession of a rental unit. A security deposit protects the landlord against financial loss from nonpayment of rent or damage to the dwelling unit.
Most landlords ask for one or two months’ rent as a security deposit. In many states, the landlord must place the security deposit in an interest-bearing bank account until the end of the tenancy. After the tenant moves out, the landlord may use the deposit to cover damages beyond normal wear and tear.
Normal wear and tear refers to the natural degradation during a tenancy. Normal wear and tear includes, but is not limited to, the following:
- Faded carpet
- Broken blinds
- Scuffs on the wall
Landlords can deduct for actual damage, such as large holes or issues that require extensive cleaning. The landlord must create an itemized list of any deductions made from the deposit. They must then send that list or statement to the former tenant with any remaining portion of the deposit. Most states set a specific timeframe for landlords to return the deposit.
Landlords who fail to follow their jurisdiction’s security deposit laws risk facing legal action. Former tenants can sue landlords who don’t return the security deposit in small claims court. If the court favors the former tenant, the court can award damages and assess attorney’s fees or court costs.
Don’t expose yourself to unnecessary legal trouble from a mishandled security deposit. Get legal help before a simple error turns into a costly legal dispute. Find a landlord-tenant attorney near you.
Fair Housing
State laws often complement the federal Fair Housing Act (FHA). The Act is a federal law prohibiting discrimination in any aspect of a housing transaction, including rentals. The Act prohibits landlords from discriminating against a tenant or applicant based on a protected characteristic.
The United States Department of Housing and Urban Development (HUD) enforces federal anti-housing discrimination laws. States enforce state anti-housing discrimination laws.
Protected characteristics include, but are not limited to:
- Race
- Ethnicity
- Age
- Gender
- National origin
- Familial status
- Disability
- Sexual orientation or gender identity
Landlords can face both criminal and civil repercussions for discriminating.
The Implied Warranty of Habitability
Every renter has the right to live in a home fit for human life and health. Although the law reads a warranty of habitability into every lease, local laws often use housing codes to clarify a landlord’s obligations.
Under most local housing health codes, habitable homes must have the following features:
- Running water
- Hot water
- Working plumbing fixtures
- Working electrical systems
- Clean and safe common areas
If your landlord violates any local safety codes, notify them in writing and give them a reasonable time to fix the issue. Contact your local housing authority for more help if they ignore your request.
Evictions
Landlord-tenant laws also cover evictions. Landlords cannot use self-help, like removing a tenant’s personal property, to remove a tenant from an apartment. They must use the eviction process.
Common reasons for evicting a tenant include, but are not limited to:
- Unpaid rent
- Violating the terms of the lease agreement, including violating occupancy limits
- Illegal activity on the rental property
The first step in the eviction process is notifying the tenant. Landlords should give the tenant written notice of the reason for eviction and a reasonable time to fix the underlying problem or move out. Send the eviction notice via certified mail to provide proof of receipt.
If the tenant is nonresponsive, the landlord may file an eviction action in their local court. The court can issue an order requiring the tenant to vacate the rental property. Local rules may affect notice periods, court processes, or tenant defenses.
List of Tenant Rights Laws by State
Below are links to full tenant rights statutes for all 50 states and D.C.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Protect Your Tenant Rights: An Attorney Can Help
If you are facing a landlord-tenant issue, you are not alone. A qualified landlord-tenant attorney can help you navigate your state laws. They are experts in tenant rights and can provide tailored legal advice for your situation and state and local protections.
FindLaw’s directory of landlord-tenant lawyers can connect you with qualified legal help near you. Because state and local laws are relevant, your attorney should be licensed in the state where the rental property is. Enter your city or ZIP code for a list of legal professionals in your area. Your search results will also show important details about prospective attorneys, like ratings, languages spoken, and whether they offer free consultations.
Can I Solve This on My Own or Do I Need an Attorney?
- An attorney can defend against an eviction, handling filings, deadlines, and hearings
- Some tenant or neighbor disputes may need the help of local police
- Complex real estate issues (such as construction defects or illegal landlord actions) may need a laywer’s support
Buying or selling a home, facing foreclosure, or landlord-tenant issues can benefit from legal expertise. An attorney can offer tailored advice and help prevent common mistakes.
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